The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1887-09-28

being included within the longer distance
This is the law which governs our action,
and IL cannot be departed from by us on
considerations OF equity or Of what would
be for the interest Of parties concerned If
parties complain of violation of the law
we can only pass upon the charge preferred,
and our action cannot be affected by the
circumstance that the rates, as adjusted are
on the whole to their advantage. They
must judge OF their interest while we are to
judge of the violations of law which are
complained of.
1.-THE controversy in the case, then is mar
rowed to this question: Are the circum-
stances and conditions under which the
greater charges are imposed on the short
haul traffic substantially dissmilar to those
under which the lesser charges are imposed
on the long-haul traffic? II not such greater
charges are Illegal, and we have no author
ity to make them otherwise.
i" The defendants undertook to show that
the circumstances and conditions were sub
stantially dissimilar. The evidence of the
difference in cost was very Justly relied
upon, for cost is very important condition
TO traffic. This difference fairly iustifes
considers difference in the rates, but we
are not satisfied that it will support the
difference actually made The cost of differ
ent kinds of traffic cannot possibly be
arrived at with accuracy; at best, only an
approximating estimate can be made. The
calculations put in evidence do not satisfy
us that the same kind of freight can be
taken from Boston through st. Adams to
Detroit at a less cost than from Boston TO
st. Adams, or from Boston through Ogdens-
burg to Chicago and Milwaukee at less
cost than to Ogdensburg. Honest calcula-
lions are made to show such a result, but
they are very likely to charge upon local
traffic exclusively items which ought to be
apportioned, or to leave something out Of
view which ought to be considered
" The main reliance of the defence was
InOn the showing of the pOmpptitiOn which
the defendants must meet in their long-hau
traffic 1t was shown that for traffic be-
tween Boston and the West there was actual
or possible competition by steamers to Port
land, thence over the Grand Trunk by
steamers to Halifax and thence over the
Intercolonial by the Southeastern railroad
to connect with the Canadian Pacific by the
several trunk lines, and by combinations Of
carriers requiring no special mention. The
evidence, however, is entirely conclusive
that the competition which is troublesome
to the defendants is that of the trunk lines.
1t has diferentials, and it is because they
are possessed of the shorter lines that the
ditferentials become necessary The de-
PENDANTS do not fear the competition of a
route by Halifax, or of any of the other cir
cutous routes that can be organized, and
such lines do not constitute circumstances
and conditions having any perceptible bear
ing on the present controversy. The cir
cumstances and conditions that must Justify
the greater charge or the shorter haul over
the Central Vermont line must be such as
spring from trunk line competition. In
the matter of the Louisville & Nashville
Railroad Company, we expressed the opin-
ion that there might be cases in which
the competition between railroads, even
when they were all subject to the iuris-
diction of the commission, would present
such dissimilarity of circumstances and
conditions between long and short-haul
traffic as to justify the greater charge for the
"a nn no in fIa
direction. But our published opinion shows
that we thought these cases must be rare
and exceptional. The trunk lines are all sub
ject to our jurisdiction. What, then, are
the peculiar circumstances and conditions
which constitute the difference between the
case before us and cases of railroad compe-
tition in general? The principal difference
must be found in the fact that the trunk
lines have interior or shorter lines compared
with the line of the defendants, and the
latter are compelled, therefore, to make
very low rates on their through traffic This
is necessity of the situation but it is a
necessity which exists whenever long and
short lines compete. The long line must
accept the rates made by the short line, and,
perhaps, make concessions from them In
this respect there is nothing peculiar in the
position of these defendants. There are
roads in every part of the country which
can make the same claim they do, and with
the same justice. 1t is claim that could
be advanced whenever route, however
circuitous, could be found for long-haul
traffic. A line from Boston to Detroit, for
example, might be formed by the way of the
Chesapeake Il Ohio railway, and one from
Chicago to st. Louis by way of st. Paul.
The greater the departure from a direct line
the greater would commonly be the necessity
for low rates on through traffic, and the
greater the liability to have the charges or
the local traffic increased to make the car
rage of through traffic possible. But with
out enlarging on this branch of the case, we
content ourselves with saying that such
peculiar facts are not found to exist in this
case as will justify the greater charge on
the shorter line. There remains only the
duty to make and issue the order which the
facts found require. The Central Vermont
and the other defendants concerned with it
in interstate traffic between Boston and st.
Adams and Boston and Ogdensburg respect
lively, including those points, must wholly
cease and desst from charging or receiving
in respect to any part of such traffic greater
compensation for transportation of a like
kind of property for a shorter than for a
longer distance over the same line in the
same direction, the shorter being included
within the longer distance. In performing
this dnty we neither do nor with propriety
can, express any opinion upon the intrinsic
reasonableness or justice of the rates hereto
fore imposed, except to this eXtent-that we
do not think it was shown by the evidence
that when the local tratfics are made to con-
form to the letter of the law, as above di-
rected, they will be unreasonable"